In re C v. CA1/2

Filed 6/24/13 In re C.V. CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

In re C.V., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. A135714 C.V., Defendant and Appellant. (Alameda County Super. Ct. No. SJ1218782)

I. INTRODUCTION After a contested jurisdictional hearing, the juvenile court found the allegations of a juvenile wardship petition alleging that appellant had possessed a controlled substance, i.e., cocaine base, for sale to be true. Later, another such court determined appellant to be a ward of the court and ordered the probation office to find a suitable facility for him. Appellant appeals, claiming that the first juvenile court erred in not admitting into evidence the testimony of two witnesses who would have proffered testimony questioning the veracity of two of the officers involved in his arrest. We find no abuse of discretion by the juvenile court and hence affirm its orders.

1

II. FACTUAL AND PROCEDURAL BACKGROUND On January 28, 2012,1 San Francisco Police Officer Calvin Lew was stationed in a room on the fourth or fifth floor of a building on Golden Gate Avenue near Hyde Street; he was serving as a “spotter,” i.e., part of a “narcotics surveillance” operation in that area, an area well known for the sale of drugs, especially rock cocaine. At about 10:20 in the morning, using binoculars to look through a window, Lew saw appellant on the north side of the 300 block of Golden Gate Avenue, about 200 feet away from Lew. Appellant was, per Lew‟s testimony, standing face-to-face with a man later identified as David Miles. The two were only three feet apart, according to Lew, and appeared to be having a brief conversation. Miles was also with another person. Per Lew‟s testimony, he saw Miles hand appellant what appeared to be “paper currency.” Appellant then, per Lew, put his right hand in his mouth, then lowered that hand and placed a rock-like object into Miles‟ right hand. Lew testified that such was a normal procedure whereby a drug dealer first conceals and then transfers a drug, wrapped in “clear plastic,” to a buyer. After these transfers, Miles walked east on Golden Gate Avenue, “jay-walked to the south side of the street,” and then proceeded south on the west side of Hyde Street. In so doing, he briefly removed the “rock” from his mouth, examined it, and then put in back in his mouth. While this was going on, Lew notified the police “arrest team” he was working with. A member of that team, Officer Joseph Toomey, received the description of Miles from Lew, and stopped Miles as he was nearing McAllister on Hyde Street. Toomey placed a “nerve hold” on Miles and told him to spit out whatever was in his mouth. Miles did so, and spat out three baggies of what were later identified to be rocks containing a total of .08 grams of cocaine base, a “useable amount.” After Miles had been arrested, Lew directed other officers in the police team to stop and arrest appellant, who at that time was walking west on Golden Gate Avenue